One part of the workers ‘ compensation claim process that is not well established is that when an employee is injured at work, the employee has to show that he / she has the right and is eligible to receive compensation benefits from the employer. Since the initial burden of proof of eligibility is on the injured worker, an experienced workers ‘ compensation attorney can provide extensive assistance at the very beginning of the claim process in compiling the necessary information and making timely submissions. If you’re looking for more tips, workmens comp attorney near me has it for you.
Generally speaking, the items that must be proved when filing a claim for workers ‘ compensation include but are not necessarily limited to:
-That the injured employee had notified the employer of the accident or injury within the statutory time limit.
-Showing that the employer on the day of the incident was and was expected to be compensated under the Workers ‘ Compensation Act.
-That on-the-job accident had caused or aggravated the medical conditions for which benefits are claimed.
-That the injured was employed by the employer at the time the injury happened. This is particularly important for freelance contractors.
-That the injuries had been suffered while the employer was doing permitted work.
As with any system in which potentially large sums of money can be paid out, even after the initial proof of claim is properly documented and submitted, major disputes over the initial eligibility standard or the continuity of eligibility may occur.
The eligibility for initial or continuing benefits may be contested in respect of issues, but not limited to:
-The type and severity of the lesions or disabilities
-To what extent the work restrictions claimed by the employee are related to the injury claimed
-If the treatments prescribed are warranted / needed
-Treatment, rehabilitation and medications expenses requested
-If the employee can do his / her former job or not, and what work is the employee able to do
Non-employment compensation and/or termination
This is where a workers ‘ compensation lawyer can be of invaluable assistance to provide advice and experience to settle these and other areas of conflict. It is in the best interest of any employee to retain the advice and assistance of an experienced workers ‘ compensation attorney through the claim. The attorney who has the expertise to help get the coverage to which the employee is legally entitled is a workers ‘ compensation lawyer.